Kerala Protection from Unfair Trade Practices and False Advertising Laws (2026)

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Source: Consumer Protection Act, 2019, ss. 2(47), 21; Advertising Standards Council of India (ASCI) Code; Competition Act, 2002

About this article

Sourced from Indian central (Union) law — Constitution of India, central Acts of Parliament, and Supreme Court decisions. State-level information reflects each state's own Acts and High Court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Indian Central Law

What is this right?

  • Metric: 2019
  • Metric: Act made

The most underused part of the CPA 2019 is the section on misleading advertisements. After decades of celebrities cheerfully endorsing whatever paid them, the new Act made them personally liable. Suddenly the influencer in the testimonial has skin in the game.

  • Unfair trade practices (s. 2(47)):
    • False representation of quality, quantity or standard.
    • Misleading price comparisons — false MRPs, fake "was" prices, inflated discounts.
    • Bait-and-switch and deceptive offers.
    • "Free gift" offers conditional on buying something else.
    • Hoarding or destroying goods to push prices up.
    • Charging more than MRP on packaged goods.
  • Misleading advertisements (s. 21): the endorser — celebrity or influencer — can be fined ₹10 lakh for the first offence, ₹50 lakh for the second, and barred from endorsing anything for up to three years. This was a deliberate culture shift.
  • ASCI (ascionline.in) is the self-regulatory body for advertising. Complaints filed there typically draw a response in 10 days, and advertisers must address upheld findings.
  • Competition Commission of India (CCI): for anti-competitive agreements and abuse of dominance — platforms forcing exclusivity on sellers, predatory pricing — file at cci.gov.in.

When does it apply?

  • A seller misrepresented a product's quality, quantity, or specifications.
  • You were lured by a fake discount or a bait-and-switch.
  • You were charged above the printed MRP on a packaged item.
  • An advertisement made unverifiable health or performance claims.

What to Do If a Seller or Advertiser in India Uses Misleading or Unfair Practices

  • File at the Consumer Commission under the CPA 2019. Unfair trade practices are actionable on their own — the Commission can award compensation and order the trader to stop.
  • For false ads, file with ASCI at ascionline.in. The response is usually within 10 days, and brands routinely pull or modify ads when ASCI rules against them.
  • For MRP violations, the fastest channel is the National Consumer Helpline at 1800-11-4000.
  • For systematic overcharging or price-fixing across an industry, take it to the CCI.

What should you NOT do?

  • Do not shrug off small unfair practices as "normal." Even minor MRP overcharges are actionable, and Commissions often award compensation well above the price difference to deter the practice.
  • Do not mix up the Consumer Commission with the CCI. The Commission settles individual disputes; the CCI tackles market-level competition issues. Wrong forum, wrong remedy.
Kerala Law

How Kerala differs from central law

  • Metric: 2019

Unfair trade practices in Kerala are addressed under the Consumer Protection Act, 2019, which defines unfair trade practices broadly to include false or misleading advertising, deceptive pricing, failing to issue bills or receipts, and not complying with product safety standards.

The Kerala Food Safety Department (Kerala FDA) is one of the most active state food safety authorities in India. It conducts regular inspections of food establishments, takes action against adulteration, and enforces the Food Safety and Standards Act, 2006 rigorously. The Kerala FDA has been particularly proactive in testing products sold online and taking action against misleading food labels.

The District Consumer Forums in Kerala actively hear complaints about unfair trade practices and have the power to award compensation, order product replacement or refund, and direct the trader to cease unfair practices. The Kerala State Consumer Disputes Redressal Commission has issued significant orders against unfair practices in the real estate, automobile, and healthcare sectors.

Additional Steps in Kerala

File a complaint about unfair trade practices at the District Consumer Forum through the e-Daakhil portal at edaakhil.nic.in. For food safety complaints, contact the Kerala Food Safety Commissioner at 0471-2335266. National Consumer Helpline: 1800-11-4000. For misleading advertisements, file a complaint with the Advertising Standards Council of India (ASCI) at ascionline.in.

Relevant Law: Consumer Protection Act, 2019, Sections 2(47) and 18; Food Safety and Standards Act, 2006

Common Questions

What is the protection from unfair trade practices and false advertising right in India?

Metric: 2019Metric: Act madeThe most underused part of the CPA 2019 is the section on misleading advertisements. After decades of celebrities cheerfully endorsing whatever paid them, the new Act made them personally liable. Suddenly the influencer in the testimonial has skin in the game.Unfair trade practices (s. 2(47)):False representation of quality, quantity or standard.Misleading price comparisons — false MRPs, fake "was" prices, inflated discounts.Bait-and-switch and deceptive offers."Free gift" offers conditional on buying something else.Hoarding or destroying goods t...

When does protection from unfair trade practices and false advertising apply?

A seller misrepresented a product's quality, quantity, or specifications.You were lured by a fake discount or a bait-and-switch.You were charged above the printed MRP on a packaged item.An advertisement made unverifiable health or performance claims.

What should I do if I was misled by false advertising or charged above MRP by a seller in India?

File at the Consumer Commission under the CPA 2019. Unfair trade practices are actionable on their own — the Commission can award compensation and order the trader to stop.For false ads, file with ASCI at ascionline.in. The response is usually within 10 days, and brands routinely pull or modify ads when ASCI rules against them.For MRP violations, the fastest channel is the National Consumer Helpline at 1800-11-4000.For systematic overcharging or price-fixing across an industry, take it to the CCI.

What mistakes should I avoid with protection from unfair trade practices and false advertising?

Do not shrug off small unfair practices as "normal." Even minor MRP overcharges are actionable, and Commissions often award compensation well above the price difference to deter the practice.Do not mix up the Consumer Commission with the CCI. The Commission settles individual disputes; the CCI tackles market-level competition issues. Wrong forum, wrong remedy.

Protection from Unfair Trade Practices and False Advertising in other states

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